[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2441. Mr. SCHATZ (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill H.R. 5515, to 
authorize appropriations for fiscal year 2019 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2838. AUTHORITY TO ENGAGE IN PROJECTS TO SUPPORT 
                   INSTALLATION ENERGY RESILIENCE AND ENERGY 
                   SECURITY.

       (a) In General.--Subchapter I of chapter 173 of title 10, 
     United States Code, is amended by inserting after section 
     2919 the following new section:

     ``Sec. 2920. Projects on non-federal property to ensure 
       energy resilience and energy security

       ``(a) Authority for Projects.--The Secretary of Defense may 
     provide for the construction, improvement, hardening against 
     physical or cyber attack, and maintenance of a utility system 
     supporting a military installation if the Secretary certifies 
     to the congressional defense committees that the 
     construction, improvement, hardening against physical or 
     cyber attack, or maintenance will provide energy resilience 
     or energy security to the installation and is necessary to 
     maintain the readiness of the armed forces.
       ``(b) Needs Assessment.--If the Secretary determines that 
     an action of the Department of Defense will cause a 
     significant effect on a utility system serving a military 
     installation, the Secretary shall conduct a utility service 
     needs assessment to assess the magnitude of the construction, 
     improvement, hardening against physical or cyber attack, and 
     maintenance required to address the effect.
       ``(c) Design of Projects.--A project carried out under 
     subsection (a) shall be designed to provide energy resilience 
     or energy security to the military installation and not to 
     other users of the utility system, but may, at no additional 
     expense to the United States, incidentally benefit other 
     users of the utility system.
       ``(d) Types of Available Agreements.--In carrying out a 
     project under subsection (a), the Secretary may use a 
     contract, a cooperative agreement, or a grant.
       ``(e) Nature of Projects.--A project carried out under 
     subsection (a)--
       ``(1) shall not be considered a military construction 
     project as that term is defined in section 2801(a) of this 
     title; and
       ``(2) shall be treated as the acquisition of enhanced 
     utility service to the military installation.
       ``(f) Source of Funds.--The Secretary may carry out this 
     section using funds available for operation and maintenance 
     or for military construction.
       ``(g) Congressional Oversight.--When a decision is made to 
     carry out a project under this section, the Secretary 
     concerned shall submit to the congressional defense 
     committees, in an electronic medium pursuant to section 480 
     of this title, a report including the justification for the 
     project, the current estimate of the cost of the project, and 
     the source of funds to cover anticipated expenses. A project 
     may not be carried out if a congressional defense committee 
     sends written notification to the Secretary disapproving of a 
     project within 14 days of such report submission.
       ``(h) Definitions.--In this section:
       ``(1) Military installation.--The term `military 
     installation' has the meaning given the term in section 
     2687(g)(1) of this title.
       ``(2) Utility system.--The term `utility system' means a 
     utility system--
       ``(A) providing communications, electricity, gas, water, 
     oil, or steam to, or removing waste from, a military 
     installation;
       ``(B) not located on a military installation; and
       ``(C) not owned by the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2919 the following new item:

``Sec.  2920. Projects on non-federal property to ensure energy 
              resilience and energy security.''.
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